About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

89 Tul. L. Rev. 1 (2014-2015)

handle is hein.journals/tulr89 and id is 11 raw text is: TULANE LAW REVIEW VOL. 89 NOvEMBER2014 No. 1 The Challenge of Seeing Justice Done in Removal Proceedings Jason A. Cade* Prosecutonal dscretion is a citical part of the admimstration of iinmigration law This Article considers the work and responsibihites of the Immigration and Customs Enforcement (ICE) Wial attorneys, who thus far have not attracted signiricant scholarly attention, despite playing a large role in the ground-level implementation of immigaton law and policy The Article makes three main contributions. Fifst, I consider whether ICE attorneys have a duty to help ensure that the removal system achieves justice, rather than indiscriminately seek removal in every case and by any means necessary As I demonstrate, trial attorneys have concrete obligations derived from statutory provisions, case law, and administrative guidance to seek legitimate objectives, take steps to ensure proceduraljustice, and exercise equitable discretion in appropriate cases Secon4 I argue that the removal system lacks serious structural features to ensure these obligations are me and as a resul prosecutorial discretion and prosecutorinal conduct vary significanty across and within juis&'ctions. Little prevents ICE attorneys from indiscriminately pursuing enforcement objectives at the expense of seeing justice done. Tlus matters today, more than ever, because of the categorical and categorically unforgiving nature of the modern statutory removal scheme and the risk oferroneous detentions andremovals. Thr the Article develops important parallels between ICE attorneys and criminal prosecutors, suggesting that the immigration system might borrow some of the adniistrative features * © 2014 Jason A. Cade. Assistant Professor, University of Georgia Law School. For helpful suggestions on this project, I thank participants at the Southeastern Law Schools' Junior-Senior Faculty Conference at Emory Law School, the Immigration Law Scholars Conference at UCI Law School, the AALS Clinical Conference, the Clinical Law Review Writers Workshop at NYU Law School, and faculty workshops at Seattle University Law School and UGA Law School. For commenting on prior drafts, thanks to Dianne Amann, Stacy Caplow, Dan Coenen, Jaime Dodge, Heather Elliott, Russell Gabriel, Geoffrey Heeren, Laila Hlass, Timothy Holbrook, Lea Johnston, Kevin Lapp, Stephen Lee, Kay Levine, Lori Ringhand, Bo Rutledge, Juliet Stumpf, Katie Tinto, Shoba Sivaprasad Wadhia, and Jonathan Weinberg. I am grateful to the ICE trial attorneys who agreed to speak with me anonymously about their work. Thanks also to UGA Law Librarian T.J. Striepe and his research assistants, Nicole Penn and Kenny Bentley. Finally, I wish to express my gratitude for the research support of Dean Rebecca White and UGA Law School.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most